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Energy Policy

Dáil Éireann Debate, Tuesday - 28 April 2026

Tuesday, 28 April 2026

Questions (297, 298, 299, 300, 301)

Paul Murphy

Question:

297. Deputy Paul Murphy asked the Minister for Climate, Energy and the Environment when Ireland will transpose Article 12 of the Energy Efficiency Directive (2023/1791), regarding transparency reporting; if this will be achieved ahead of the third reporting deadline for data centre operators on 15 May 2026, given his prior statement recently that this was at an ‘advanced stage’; and if so, the date he expects to sign a Statutory Instrument on the matter. [30633/26]

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Paul Murphy

Question:

298. Deputy Paul Murphy asked the Minister for Climate, Energy and the Environment to confirm whether the transposition of Article 12 of the Energy Efficiency Directive (2023/1791) will include specific conditions for penalties in the event of non-compliance with reporting obligations, as required by Article 32 of the Directive, similar to the German transposition of same (EnEfG Section 19) given only 18 Irish data centres have submitted reports to date. [30634/26]

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Paul Murphy

Question:

299. Deputy Paul Murphy asked the Minister for Climate, Energy and the Environment the public body which will be, whether it be the Sustainable Energy Authority of Ireland, EirGrid, the Commission for Regulation of Utilities, his own Department or a new or other body entirely, be empowered to investigate and sanction a data centre operator that fails to submit accurate and timely information to the European database as per requirements under Article 32 of the Energy Efficiency Directive (2023/1791) to establish “effective, proportionate, and dissuasive” penalties for non-compliance with national transposing measures. [30635/26]

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Paul Murphy

Question:

300. Deputy Paul Murphy asked the Minister for Climate, Energy and the Environment whether his Department or any other delegated body currently has visibility of data being sent by Irish data centre operators to the European database, in accordance with their responsibilities under the Delegated Regulation (2024/1364); and if the lack of a related Statutory Instrument is impeding the Government’s ability to access and handle this information currently. [30636/26]

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Paul Murphy

Question:

301. Deputy Paul Murphy asked the Minister for Climate, Energy and the Environment to confirm reports that the European Commission has advised Member States to ‘keep confidential all information and key performance indicators for individual data centres’; and if he has sought legal advice on whether this interpretation of confidentiality violates the Aarhus Convention and the EU Charter of Fundamental Rights. [30637/26]

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Written answers

I propose to take Questions Nos. 297, 298, 299, 300 and 301 together.

Article 12 of the Energy Efficiency Directive 2023/1791 (‘EED’) provides for an obligation for Member States to require that owners and operators of certain sized data centres to make publicly available information on key metrics on their energy and sustainability performance. The Article specifically mandates an exception to this requirement where the information is subject to Union and national law protecting trade and business secrets and confidentiality.

As part of the implementation of Article 12 of the EED it is supplemented by the directly effective Commission Delegated Regulation 2024/1364 that requires the same in-scope data centre operators to make public and report annually key performance indicators to a confidential European database on data centres which has been established by the European Commission in accordance with Article 12 (3). Article 5 of the Delegated Regulation legally requires that the European Commission and all Member States shall keep confidential all information for individual data centres communicated to and in the database.

My Department is the Member State coordinator overseeing reporting by data centres operating in Ireland. Data centres in Ireland are already reporting this information to this confidential EU database for all reporting cycles and officials in my Department are engaging with the sector and the Commission on this reporting. The Commission will make its database publicly available in an aggregated manner in accordance with the Delegated Regulation.

While the Delegated Regulation itself does not specify penalties for non-compliance, it is intended that this will form part of the transposition of Article 12 requirements to also ensure compliance with these obligations.

My Department has progressed drafting of the relevant legislation in respect to the transposition of Article 12 to an advanced stage. This includes the finalisation of arrangements for assignment of compliance oversight functions to the appropriate public body which my Department is seeking to complete and implement as soon as possible. This is an important and complex measure that has required careful reflection.

Question No. 298 answered with Question No. 297.
Question No. 299 answered with Question No. 297.
Question No. 300 answered with Question No. 297.
Question No. 301 answered with Question No. 297.
Question No. 302 answered with Question No. 263.
Question No. 303 answered with Question No. 262.
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